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Additionally the Trust is today publishing an interim statement on the related non-service application it received from the ³ÉÈË¿ìÊÖ Executive.

Background

Digital terrestrial television platform (DTT including Freeview) is the centrepiece of the Government's strategy for achieving digital switchover and delivering universal, free-to-air public service broadcasting. An opportunity exists to upgrade the platform, taking advantage of new technologies and digital switchover. The upgrade, which aims to make the most efficient use of available spectrum, would enable the platform to offer a wider set of services – including the potential for services in HD.

Ofcom published plans for the future of DTT in November and has been conducting a consultation on these. They have published their revised plans today.

In parallel the ³ÉÈË¿ìÊÖ Trust has been considering a "non-service" application it has received from the ³ÉÈË¿ìÊÖ Executive – in partnership with ITV, Channel 4 and Five – proposing an alternative way of rearranging the necessary spectrum to that suggested by Ofcom to enable HD services on Freeview.

The ³ÉÈË¿ìÊÖ Trust's interim statement on the non-service application sets out its position to date and its course of action in the light of Ofcom's revised conclusions. It also explains the Trust's decision to suspend its consideration of the non-service application pending the outcome of the Ofcom process.

Sir Michael Lyons, Chairman of the ³ÉÈË¿ìÊÖ Trust, said:

"We know from previous consultations that there is much support amongst the public for High Definition services. The Trust's approval of the new ³ÉÈË¿ìÊÖ HD channel, announced last November, made clear that all licence fee payers – including those on Freeview – should have access to it as soon as possible.

"The ³ÉÈË¿ìÊÖ Trust therefore welcomes the revised proposition announced by Ofcom today for multiplex capacity to commercial public service broadcasters. The Trust has agreed to work with Ofcom to allow HD on Freeview, reflecting our respective responsibilities for the services and licences which facilitate operation of the DTT platform. The ³ÉÈË¿ìÊÖ can now move forward with its HD service on Freeview.

"In the light of this, the Trust has decided to suspend our consideration of the ³ÉÈË¿ìÊÖ Executive's application pending the completion of Ofcom's processes."

The Trust's consideration of the ³ÉÈË¿ìÊÖ Executive's non-service application

The Trust's interim statement in response to the application recognises – and welcomes – the proposals to deliver new services and improved choice to the widest possible audience via DTT. However, more work would be necessary in relation to the proposal before a final decision by the Trust could be reached on whether to accept or reject the application. One preliminary concern identified by the Trust exists around the extent to which the proposal could require it to take on regulatory responsibility for content broadcast by third party commercial broadcasters. Also whilst considering the ³ÉÈË¿ìÊÖ Executive's non-service application, the Trust has been conscious of the potential regulatory overlap between it and Ofcom as both bodies discharge their respective statutory duties.

In forming its initial assessment of the ³ÉÈË¿ìÊÖ Executive application, the ³ÉÈË¿ìÊÖ Trust was bound to also consider the revised Ofcom proposal. Whilst containing key differences, under both proposals, the delivery of HD services is facilitated by multiplex reorganisation and bound by identical timeframes. Each is underpinned by a stated desire to protect viewers' investment in existing set-top box equipment and create a critical mass of high quality HD services on DTT.

Recognising these common goals, which the Trust considers particularly relevant to its assessment, the Trust has decided to suspend its consideration of the ³ÉÈË¿ìÊÖ Executive's non-service application pending the outcome of the Ofcom process.

Notes for editors

1. The Trust's interim statement can be found here: interim statement.
2. Non service applications: Where the publicly-funded ³ÉÈË¿ìÊÖ makes an investment not in a new service, which might include the commissioning of its own content, but on another non-commercial project, the Charter and Agreement defines this as a non-service activity. Although the nature and potential significance of non-service activities will vary, they may be significant and they may raise issues of public value and have market implications. It is the responsibility of the Trust, therefore, to ensure that the principles which underlie the treatment of services are, where relevant, applied to non-service activities in a way which the Trust considers appropriate. For example, this may involve taking account of the potential public value and market implications, and applying the same broad principles – evidence-based assessment and transparency in decision-making – that apply to the consideration of public services. The Trust also has a general duty to secure the efficient use of the radio spectrum that is relevant to this particular application from the Executive.
3. The Trust completed a Public Value Test on the ³ÉÈË¿ìÊÖ's plans for an HD channel in November 2007. The Trust concluded that the service should be provided on Freeview as soon as possible. It was envisaged there will be greater clarity on HD broadcast standards and the spectrum capacity available to provide the channel in 2008.